Title 20 — Public Health and Welfare

(a) In every proceeding or action under this subchapter, the circuit court shall rule whether the anonymity of any female upon whom a partial-birth abortion is performed should be preserved from public disclosure if the female does not give her consent to the disclosure. (b) (1) …

This subchapter shall be known and may be cited as the “Arkansas Human Heartbeat Protection Act”.

(1) As used in this subchapter:(1) “Contraceptive” means a device, drug, or chemical that prevents fertilization;(2) “Fetus” means the human offspring developing during pregnancy from the moment of fertilization and includes the embryonic stage of development;(3) “Heartbeat” mean…

(a) A person authorized to perform abortions under Arkansas law shall not perform an abortion on a pregnant woman before the person tests the pregnant woman to determine whether the fetus that the pregnant woman is carrying possesses a detectible heartbeat. (b) (1) A person autho…

(a) A person authorized to perform abortions under Arkansas law shall not perform an abortion on a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human individual whose heartbeat has been detected under § 20-16-1303 and is …

(a) A person does not violate this subchapter if the person:(1) Performs a medical procedure designed to or intended to prevent the death of a pregnant woman or in reasonable medical judgment to preserve the life of the pregnant woman;(2) (A) Has undertaken an examination for the…

(1) This subchapter does not:(1) Subject a pregnant female on whom an abortion is performed or attempted to be performed to any criminal prosecution or civil penalty; or(2) Prohibit the sale, use, prescription, or administration of a measure, drug, or chemical designed for contra…

If a state or federal court of competent jurisdiction voids a provision of this subchapter as unconstitutional, the effective date of that provision shall be tolled until that provision has been upheld as valid by an appellate tribunal.

This subchapter shall be known and may be cited as the “Pain-Capable Unborn Child Protection Act”.

(1) As used in this subchapter:(1) “Abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device:(A) To terminate the pregnancy of a woman known to be pregnant with an intention other than to:(i) Increase the probability of a live bi…

(1) The General Assembly finds that:(1) Pain receptors known as nociceptors are present throughout the unborn child's entire body by no later than sixteen (16) weeks after fertilization, and nerves link these receptors to the brain's thalamus and subcortical plate by no later tha…

(a) (1) Except in the case of a medical emergency, an abortion shall not be performed or induced or be attempted to be performed or induced unless the physician performing or inducing the abortion has first made a determination of the probable post-fertilization age of the unborn…

(a) (1) A person shall not perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined by the physician performing or inducing or attempting to perform or induce the abortion or by another physician upon whose determination that physicia…

(a) (1) A physician who performs or induces or attempts to perform or induce an abortion shall report to the Department of Health on a schedule and in accordance with rules adopted by the department.(2) The report required under subdivision (a)(1) of this section shall include wi…

(a) A person who purposely, knowingly, or recklessly performs or induces or attempts to perform or induce an abortion in violation of this subchapter is guilty of a Class D felony. (b) A penalty may not be assessed against the woman upon whom the abortion is performed or induced …

(a) (1) A woman upon whom an abortion has been performed in violation of this subchapter or the father of the unborn child who was the subject of an abortion in violation of this subchapter may bring an action against the person who purposely, knowingly, or recklessly performed o…

(a) In every civil or criminal proceeding or action brought under this subchapter, the court shall rule whether the anonymity of a woman upon whom an abortion has been performed or induced or attempted to be performed or induced shall be preserved from public disclosure if she do…

(a) Since it is the intent of the state to assert two (2) separate and independent compelling state interests, those in protecting the lives of viable unborn children and protecting the lives of unborn children from the stage at which substantial medical evidence indicates that t…

This subchapter may be known and cited as the “Abortion-Inducing Drugs Safety Act”.

(a) The General Assembly finds that:(1) The use of abortion-inducing drugs, including the Mifeprex regimen, also known as “RU-486” or “mifepristone”, presents significant medical risks, including without limitation incomplete abortion, sepsis or other infections, uterine hemorrha…

(1) As used in this subchapter:(1) (A) “Abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by th…

(a) Abortion-inducing drugs shall only be prescribed, administered, dispensed, or otherwise provided by a physician following procedures set out in this subchapter. (b) It is unlawful for any manufacturer, supplier, physician, or any other person to provide any abortion-inducing …

(a) If a physician provides an abortion-inducing drug to another for the purpose of inducing an abortion as authorized in § 20-16-1504 and if the physician knows that the woman who uses the abortion-inducing drug for the purpose of inducing an abortion experiences an adverse even…

(a) A person who intentionally, knowingly, or recklessly violates a provision of this subchapter is guilty of a Class A misdemeanor. (b) A criminal penalty may not be assessed against the pregnant woman upon whom the drug-induced abortion is performed.

(a) In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this subchapter shall provide a basis for:(1) A civil malpractice action for actual and punitive damages;(2) A professional disciplinary …

(a) This subchapter does not create or recognize a right to abortion. (b) It is not the intention of this subchapter to make lawful an abortion that is currently unlawful.

The General Assembly, by joint resolution, may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged.

This subchapter takes effect on January 1, 2016.

(1) As used in this subchapter:(1) (A) “Abortion” means the act of using or prescribing an instrument, medicine, drug, device, or another substance or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those m…

(a) An agency or instrumentality of the state shall not award a grant to pay the direct or indirect costs of performing, inducing, referring, or counseling in favor of abortions, including without limitation:(1) Administrative costs and expenses;(2) Overhead costs;(3) Employee sa…

(a) (1) This subchapter does not affect the funding of a hospital, medical school, or university.(2) The restrictions under § 20-16-1602 apply to funding available through the Arkansas Medicaid Program. (1) This subchapter does not affect the funding of a hospital, medical school…

This subchapter shall be known and may be cited as the “Woman's Right-to-Know Act”.

(1) As used in this subchapter:(1) (A) “Abortion” means the act of using or prescribing any instrument, medicine, drug, or other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those m…

(a) A person shall not perform or induce an abortion without the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced. (b) Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if:(1) At least …

(a) (1) The Department of Health shall:(A) Publish easily comprehensible printed materials and an informational DVD in English and Spanish within ninety (90) days after July 22, 2015;(B) Develop and maintain a secure internet website, which may be part of an existing website, to …

(a) (1) A licensed facility where abortions are performed shall post a sign conspicuously in a location defined in subsection (b) of this section that is clearly visible to all individuals who enter and that features the text contained in subdivision (a)(2) of this section.(2) Th…

When a medical emergency compels the performance of an abortion, the physician shall inform the woman before the abortion, if possible, of the medical indications supporting the physician's judgment that an immediate abortion is necessary to avert her death or that a seventy-two-…

(a) The Department of Health shall develop and promulgate rules regarding reporting requirements. (b) (1) The Arkansas Center for Health Statistics shall ensure that all information collected by the center regarding abortions performed in this state shall be available to the publ…

(a) (1) The Department of Health shall adopt rules to implement this subchapter.(2) The department may add by rule additional examples of complications to supplement those in § 20-16-1703. (1) The Department of Health shall adopt rules to implement this subchapter. (2) The depart…

A person who intentionally, knowingly, or recklessly violates this subchapter commits a Class A misdemeanor.

(a) In addition to any remedies available under the common law or statutory law of this state, failure to comply with the requirements of this subchapter shall provide a basis for a:(1) Civil malpractice action for actual and punitive damages; and(2) Professional disciplinary act…

(a) This subchapter does not create or recognize a right to abortion. (b) This subchapter is not intended to make lawful an abortion that is currently unlawful.

This subchapter shall be known and may be cited as the “Arkansas Unborn Child Protection from Dismemberment Abortion Act”.

(1) As used in this subchapter:(1) “Abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device:(A) To terminate the pregnancy of a woman known to be pregnant with an intention other than to:(i) Increase the probability of a live bi…

(a) A person shall not purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless it is necessary to prevent a serious health risk to the pregnant woman. (b) (1) A person who is accused of violating subsection (a) of this section may …

(a) (1) A cause of action for injunctive relief against a person who has purposely violated this subchapter may be maintained by:(A) The woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter;(B) A person who is the spouse, parent, or …

A person who violates § 20-16-1803(a) commits a Class D felony.

(a) In a civil proceeding or action brought under this subchapter, the court shall determine whether the anonymity of a woman who received or attempted to receive a dismemberment abortion shall be preserved from public disclosure without her written consent. (b) (1) Upon determin…

(1) This subchapter does not:(1) Create or recognize a right to abortion;(2) Create or recognize a right to a particular method of abortion; or(3) Make lawful an abortion that is currently unlawful under any law of this state. (1) Create or recognize a right to abortion; (2) Crea…

This subchapter shall be known and may be cited as the “Sex Discrimination by Abortion Prohibition Act”.